Chapter 550 Oregon Laws 2001

AN ACT

HB 2781

Relating to youth sports.

Be It Enacted by the People of the State of Oregon:

SECTION 1. As used in sections 1 to 4 of this 2001 Act:

(1) “Subject individual” means any person who is or will be directly involved with the coaching or supervision of children participating in an organized youth sports activity.

(2) “Youth sports activity” does not include any activity operated by a school district or public charter school.

(3) “Youth sports provider” means any person, organization or agency that operates in Oregon and is directly involved with children participating in an organized youth sports activity.

SECTION 2. Every youth sports provider is encouraged to:

(1) Create and adopt a list of crimes that disqualify a subject individual from coaching or supervising a youth sports activity for the youth sports provider if the subject individual has been convicted of the crime or has been convicted of a substantially equivalent crime in another jurisdiction;

(2) Complete a criminal records check on subject individuals who coach or supervise a youth sports activity for the youth sports provider; and

(3) Require all subject individuals who coach or supervise a youth sports activity to complete a sports education program.

SECTION 3. (1) Upon the request of a youth sports provider, and in compliance with procedures adopted by the Department of State Police under ORS 181.555, the Department of State Police shall furnish to the authorized staff of the youth sports provider such information on a subject individual as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information. With the approval of the Department of State Police, a local law enforcement agency may furnish the information described in this subsection to a youth sports provider.

(2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual through the Federal Bureau of Investigation by use of the subject individual’s fingerprints and shall report the results to the staff of the youth sports provider, who must be specifically authorized to receive the information. In accordance with the procedures of the Department of State Police, a local law enforcement agency may conduct the criminal records check described in this paragraph if the local law enforcement agency has received approval under subsection (1) of this section.

(b) The Department of State Police or a local law enforcement agency may not transfer the fingerprint card used to conduct a criminal records check unless the public agency or person receiving the fingerprint card agrees to destroy the fingerprint card or return the fingerprint card to the Department of State Police or local law enforcement agency.

(c) If a public agency or person returns a fingerprint card to the Department of State Police or local law enforcement agency, the Department of State Police or local law enforcement agency shall destroy the fingerprint card or return the fingerprint card to the subject individual. The Department of State Police or local law enforcement agency may not keep a record of the fingerprints.

SECTION 4. Nothing in sections 1 to 4 of this 2001 Act imposes any additional duty or liability on any youth sports provider by reason of the youth sports provider not performing a duty that is encouraged by section 2 of this 2001 Act.

SECTION 5. Sections 1 to 4 of this 2001 Act first apply to youth sports providers on and after July 1, 2002.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

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